FEDERAL COURT OF AUSTRALIA NAFX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 122 MIGRATION – application for a protection visa – judicial review of a decision of the Refugee Review Tribunal – no appearance by the applicant. Judiciary Act 1903 (Cth) – s 39B Migration Act 1958 (Cth) NAFX v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1348 OF 2002 HILL J 14 FEBRUARY 2003 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 1348 OF 2003 BETWEEN: NAFX APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT JUDGE: HILL J DATE OF ORDER: 14 FEBRUARY 2003 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent Minister's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 1348 OF 2003 BETWEEN: NAFX APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT JUDGE: HILL J DATE: 14 FEBRUARY 2003 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This is an application brought by the applicant against the respondent Minister for Immigration and Multicultural Affairs and Indigenous Affairs under s 39B of the Judiciary Act 1903 (Cth), as made applicable by the provisions of the Migration Act 1958 (Cth) for judicial review of a decision of the Refugee Review Tribunal refusing to grant to her a protection (class XA) visa and accordingly, affirming the decision of the respondent Minister. The matter was originally before the court on 3 February 2003 when there was no appearance on behalf of the applicant. 2 On that day I directed the respondent Minister to advise the applicant that she had in essence two alternatives; the first was to accept the orders in the draft short minutes of order, which the Minister forwarded to her; the second alternative was to attend today when I would consider making alternative orders. I also requested the Minister to advise her that if neither these courses were adopted, I would consider making orders having the application dismissed. 3 I have received a copy of a letter addressed to the applicant dated 4 February 2003, in compliance with those orders. I will mark the copy of the letter 'A' in these proceedings. There is no appearance again today and accordingly, I would order that the application be dismissed and that the applicant pay the Minister's costs of it. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hill. Associate: Dated: 27 February 2003 Counsel for the Applicant: No appearance for the applicant. Solicitor for the Respondent: Sparke Helmore Date of Hearing: 14 February 2003 Date of Judgment: 14 February 2003